Category Archives: Family Law
Why is mediation important in a divorce?
Mediation is required in divorce, but why is it important? Mediation is highly successful and should be used in good faith. No one is in a better position to settle his or her case than the parties themselves. Therefore, mediation is a very important aspect of the case. Even if a total agreement cannot… Read More »
What happens in mediation?
Mediation is required in divorces, before the parties can see a judge. So what happens in mediation? The petitioner will generally state the issues at the mediation, and then the other party lays out his or her issues. The mediator will then take each issue separately and deal with it between the parties to… Read More »
Mediation: An important step in a divorce
In a divorce, before a hearing can be held before a judge, the parties must attend mediation. It’s an important step in the divorce process and will be the subject of this three-part blog series. Florida law defines mediation as “a process whereby a neutral third person called a mediator acts to encourage and… Read More »
What is an uncontested divorce?
There are several ways of going about a divorce: One is an uncontested divorce. But what exactly does that mean? A divorce may be uncontested from the very beginning, or it may turn into an uncontested divorce later. But in order to have an uncontested divorce, the parties must agree on all issues involving… Read More »
A clearer financial picture during divorce
During a divorce, it’s very important to have a clear picture of each party’s financial status, and in addition to the Financial Affidavit, there are other ways to ensure the other party produces all financial documentation. For one, there are written questions, called “interrogatories,” which ask questions about a party’s education, assets and liabilities…. Read More »
An important document in divorce: the Financial Affidavit
During a divorce, each party must provide a Financial Affidavit. There are two different forms of this affidavit. One is for people with income less than $50,000 and one is for people in excess of $50,000 per year. A Financial Affidavit provides the court with information about each party’s financial status, including income and… Read More »
The discovery process in divorce
After the initial divorce petitions are filed, the parties then start a process called “discovery.” During discovery, each spouse must disclose certain evidence, called mandatory disclosure. This includes things such as a financial affidavit, income tax returns, pay stubs, loan applications and deeds, bank statements and more. In addition, one can request other items… Read More »
Restoring your maiden name
If you are a female navigating divorce, be sure to speak with your counsel if you want to have your former last name restored. If you want to go back to your maiden name, this request must be in the Petition or Counter Petition or the court will not have power to grant it… Read More »
‘Should I file for divorce first?’
“Should I file for divorce first?” is a question many people ask. Many want to know if they should be the one to file divorce. In other words, is there an advantage to being the petitioner or the respondent? Generally, there is no strategic benefit in filing the petition first, other than the ability… Read More »
Fault in Florida divorce
In Florida, courts generally do not consider fault in divorce. It’s been a no-fault sate for the past 40 years, so allegations of adultery and abuse are unnecessary. However, there is an exception for fault: if the fault has financial impact upon the parties. In other words, if a party has improperly disposed of… Read More »
